Following Hurricane Rita, the City of Port Neches (Applicant) hired contractors to perform building inspections of private and commercial properties. The contractors conducted 1,100 inspections from October 13, 2005, through January 6, 2006, at a cost of $65,400. FEMA determined that these costs were ineligible for reimbursement. The Applicant argued in its first appeal, submitted June 7, 2006, that there was a threat to public health and safety and it was necessary to hire contractors because it employs only one building inspector. The Regional Director determined that an immediate threat did not exist and denied the appeal on August 10, 2006.

On March 20, 2008, the Applicant submitted its second appeal 17 months after the regulatory timeline. The Applicant restated the claims made in its first appeal.

Issues:

1. Did the Applicant establish that an immediate threat to public health and safety existed? 2. Did the Applicant submit its second appeal within the regulatory timeline?

Findings:

1. No.

2. No.

Rationale:

44 CFR §206.206(c) and Response and Recovery Directorate Policy 9523.2, Eligibility of Building Inspections in a Post-Disaster Environment